SWEEPSTAKES OFFICIAL RULES
HOW TO HAIRDO STYLIST PHOTO CONTEST OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.
A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR ODDS OF WINNING.
1. ELIGIBILITY: The How To Hairdo Stylist Photo Contest (“Promotion”) is open only to professional stylists who are legal residents of the 50 United States and the District of Columbia (collectively the “Participating States”), who are 18 years of age or older (19 years or older in AL and NE) and located in one of the Participating States at the time of entry. HairUWear Inc. (“Sponsor” and “Promotion Administrator”), and their respective parents, subsidiaries and affiliated companies, sales representatives, dealers, distributors, licensees and the advertising, fulfillment, and promotion agencies involved in the development and administration of this Promotion and each of their respective officers, directors, employees and agents (collectively, “Promotion Parties”), and their immediate family members and persons living in the same households of each (whether related or not) are not eligible. Void outside the Participating States and where prohibited by law. Other eligibility requirements and conditions of participation are set forth below in these official rules for the Promotion (“Official Rules”).
2. PROMOTION PERIOD: Promotion begins on September 19, 2016 and ends at 11:59 p.m. Pacific Time ("PT") on October 3, 2016 (the “Promotion Period”).
How to Enter the Promotion: During the Promotion Period visit http://www.hairuwear.com/hairdostylist.html (the “Website”) and follow the on-screen directions to enter the Promotion through the website. If submitting on Instagram, to be eligible for the contest, participants must ensure that their Instagram profile is public, upload photo showcasing their work, and include #HairdoStylist in the original caption of their post. This process, when properly completed, will constitute your “Entry” into the Promotion. Entries must follow the submission requirements set forth below and comply in all respects with these Official Rules. All Entries are subject to a review by Promotion Administrator and Sponsor prior to posting online. By submitting your Entry, you represent that your Entry conforms to the submission guidelines set forth below and with all of these Official Rules, and agree that the Promotion Administrator, in its sole discretion, may remove your Entry and disqualify you from the Promotion if it believes, in its sole discretion, that your Entry fails to conform to the submission requirements or to these Official Rules in any way. You may enter as often as you wish, but each Entry must be substantially different and submitted separately.
3. CONDITIONS OF SUBMISSION:
a. Submission Guidelines (“Conditions of Submission”):
1. The Entry submitted must be created by the entrant alone.
2. The Entry must be entrant’s original creation; modifying, enhancing or altering a third party’s preexisting work does not qualify as an entrant’s original creation.
3. Photographs may be in color or black-and-white. Photos must be formatted as .jpg, or .png files, and can be a maximum of 50 mb in size.
b. Additional Conditions of Submission: Any Entry that Promotion Administrator or Sponsor, in their sole opinion, deem to be inappropriate for publication or inclusion in this Promotion will not be considered or displayed and the corresponding entrant will be disqualified. Entry cannot, in the opinion of the Promotion Administrator or Sponsor: (i) be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity; (ii) promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (iii) be obscene or offensive, endorse any form of hate or hate group; (iv) defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies; (v) contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, email addresses or street addresses; (vi) contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media); (vii) except for incidental usage, as determined solely by Promotion Administrator, contain or reference trademarks, logos (except Sponsor’s) or trade dress owned by others, or advertise or promote any brand or product (except Sponsor’s) of any kind, without permission; (viii) communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and (ix) depict, or be in violation of any law. By submitting an Entry each entrant represents and warrants that: (i) his/her Entry is the sole and original creation of the entrant or entrant owns all rights in the photo and Entry has not been copied in whole or in part from any other work; (ii) the Entry does not violate or infringe any copyright, trademark/tradename, or other proprietary right of any person (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity; (iii) the Entry is the sole and exclusive property of the entrant; (iv) the participants depicted in the Entry (if any) have given written consent to its submission into the Promotion and use as contemplated by these Official Rules and entrant can supply proof of permission if requested by Promotion Administrator or Sponsor; (v) the Entry has not been previously published; (vi) entrant owns or otherwise has rights to use all elements of the Entry; (vii) entrant is the parent or legal guardian of all persons under the age of majority in the jurisdiction in which they reside who appear in the any submitted photo (other than entrant, if applicable); and (ix) publication of the Entry via various media including web posting, will not infringe on the rights of any third party. Each entrant will indemnify and hold harmless, the Promotion Parties from any claims to the contrary.
BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON SPONSOR’S WEBSITES, AT SPONSOR’S DISCRETION. Posting of an Entry is not an indication that the Entry has won a prize or is otherwise eligible for a prize. Rights Granted: Your Entry will be the property of Sponsor, and may be displayed, used or altered by Sponsor (or anyone Sponsor authorizes) for any purpose without any kind of payment to you. It also means that Sponsor or any of their affiliates may produce, market, sell or otherwise distribute products based on (in whole or in part) your Entry. This means you irrevocably and forever grant and assign to Sponsor all worldwide right, title, and interest in and to your Entry (and all works derived from it) as well as all intellectual property you create by participating in the Promotion. You expressly waive all rights to review or approve any use that Sponsor makes of your Entry in accordance with these Official Rules. By entering, you further agree to waive all rights of attribution and integrity if your Entry is used by Sponsor or anyone Sponsor authorizes, and to waive any moral rights in the Entry.
By entering the Promotion, you agree that your Entry is gratuitous, unsolicited and without restriction, and will not place Sponsor under any obligations other than those contained in these Official Rules, and that Sponsor is free to disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas therein without any compensation to you. You further acknowledge that Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you. Sponsor reserves the right to, and may or may not, monitor/screen Entries prior to posting them to the Website.
By entering the Promotion, you understand and acknowledge that you will not now or in the future be paid or compensated in any way for your Entry or for granting the Sponsor any of the rights set out in these Official Rules. You further acknowledge that Sponsor is not obligated to make use of any of the rights granted in these Official Rules.
Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Promotion Administrator and Sponsor reserve the right, in their reasonable discretion, during or upon completion of the Promotion Period, to request that any entrant resubmit his or her Entry prior to any voting or judging period.
4. FINALISTS JUDGING: All eligible Entries received during the Promotion Period will be judged by qualified judges on the basis of the following: Relevance to Brand (50%), Photo Quality (30%) and Originality/Creativity (20%) (collectively the "Judging Criteria"). In the event of a tie, at any prize level, the tied entries will be re-judged by the judges using the same criteria. If there is a subsequent tie, tie breaker will be based upon the highest score in the first Judging Criteria, continuing thereafter to each Judging Criteria in order, as needed, to break the tie. Fifty (50) Finalists will be determined on or about October 10, 2016. Once finalists are selected, they will be contacted via Instagram or email with further instructions on the Second Round Promotion Period. All Finalists will be sent HairUwear product, free of charge, in order to participate in the second round. Those that choose to enter the Second Promotion Period will be eligible to be the Grand Prize Winner.
5. FINALIST SECOND ROUND SUBMISSION PROMOTION PERIOD: Second Round Promotion Period begins after October 14th, 2016 or once finalist receives HairUwear product, whichever is first. Promotion period ends at 11:59 p.m. PT on November 1, 2016 (the “Second Promotion Period”).
6. VOTING FOR GRAND PRIZE WINNER: Voting for the Grand Prize Winner begins on November 3, 2016 and ends at 11:59 p.m. PT on November 10, 2016 (" Voting Period"). The Entry that receives the highest number of votes at the conclusion of the Voting Period will be deemed the Grand Prize Winner, subject to verification. In the event of a tie, winner will be determined by the Entry deemed most relevant to the brand, as determined solely by the Sponsor. Winners will be determined approximately by November 14, 2016.
7. HOW TO VOTE: During the Voting Period, individuals may vote on an Entry by online vote. Go to the Website and click on the link to locate the online official voting form. Follow on-screen directions to vote. LIMIT ONE (1) VOTE PER ENTRY PER PERSON/EMAIL ADDRESS/DAY DURING THE VOTING PERIOD. Multiple votes received from any person or email address in excess of the stated number will be void. Any attempt by any entrant or voter to obtain more than the stated number of votes by any fraudulent or inappropriate means, including without limitation, offering prizes or other inducements to members of the public, by using any automated program, by using multiple/different email addresses, identities, registrations and logins, or any other methods, will void those votes and entrant and/or the Entry may be disqualified, as determined by Promotion Administrator in its sole discretion. Promotion Administrator reserves the right, in its sole discretion, to select an alternate prize winner should the voting appear to have been tampered with or manipulated in any way.
8. PRIZES AND APPROXIMATE RETAIL VALUES (“ARV”): One (1) Grand Prize will be awarded, consisting of: 3-day, 2-night trip for two (2) to Miami, FL to be taken within the year of 2017 centered around a Hairdo Photo shoot. Includes round-trip air transportation from a major city near the winner’s residence, hotel accommodations (double occupancy), $1,000.00 total spending money awarded in the form of a check, and an opportunity to style a Hairdo It Girl alongside celebrity stylist Kristina Barricelli in addition to having their work featured on Behindthechair.com. Total ARV of Grand Prize is up to $4,000.
Grand Prize Winner’s travel companion must have reached the age of majority in their state of residence, unless the winner is the parent/legal guardian of the travel companion. Actual value of trip prize will depend on airfare fluctuations and point of departure. Any difference between stated value and actual value will not be awarded. Winner and travel companion must travel on the same itinerary and travel companion must sign travel release prior to ticketing. Winner and travel companion must complete the trip by December 31, 2017 or prize will be forfeited. Trip must be booked at least thirty (30) days prior to departure. Trip is subject to space availability and blackout dates. Travel must be round-trip. All travel arrangements/accommodations at Sponsor’s sole discretion. If, in the sole judgment of the Sponsor, air travel is not required due to winner’s proximity to prize location, air travel will not be provided. All travel expenses not specifically listed, including but not limited to, transportation between winner’s home and major closest airport (as determined by Sponsor), ground transportation, meals, incidentals, gratuities, airline fees, fuel, surcharges (including NAV surcharges), airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses, are winner’s responsibility and must be paid by winner with a credit card at the time of booking, where applicable. Sponsor is not liable for delays, cancellation or unforeseen events related to the flights. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates.
Winner and travel companion are responsible for procuring personal travel insurance prior to departure, if desired. Prize is non-transferable and cannot be redeemed for cash or credit, in whole or in part, for any destination. Any expenses not specified are the sole responsibility of the winner. Total ARV of Grand Prize is up to $4,000. Actual value will depend on airfare fluctuations and point of departure. In the event actual value is less than the stated value, the difference will not be awarded.
No substitution, cash redemption or transfer of prize is permitted except at Sponsor’s sole discretion. All travel arrangements/accommodations are at Sponsor's discretion. Certain blackout dates may apply. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute a prize of equal or greater value. All federal, state and local taxes on the prizes, and all other costs associated with acceptance or use of the prizes are the sole responsibility of the winner. Arrangements for delivery of prizes will be performed after winner validation. LIMIT ONE (1) PRIZE PER PERSON/ EMAIL ADDRESS/HOUSEHOLD. At Sponsor’s discretion, unclaimed prizes may not be awarded.
9. CONDITIONS: Promotion Administrator’s decisions are final in all matters relating to this Promotion, including but not limited to validation of the judging process. All potential winners will be notified by telephone, email, private or direct message, regular mail or overnight mail, and may be required to complete, sign and return an affidavit or declaration of eligibility, a liability release, tax forms, and where lawful, a publicity release (collectively, the “Prize Claim Documents”) within a stated amount of time. If any required Prize Claim Documents or information are not received by the date stated on the notification, or if any notification is returned as non-deliverable, or if a potential winner is found to be ineligible or not in compliance with these Official Rules, or does not return such other releases as deemed necessary by Promotion Administrator, the potential winner will be disqualified and at Promotion Administrator’s discretion, an alternative potential winner may be selected based on the results of the original judging. Promotion Parties are not responsible for any change of email address, mailing address and/or telephone number of entrants. Promotion Parties assume no responsibility for lost, late, misdirected, stolen, illegible, inaccurate, damaged or incomplete Entries or other communications, non-delivered or postage due mail, failure or unavailability of electronic equipment, communications or internet connections, or other errors, failures or malfunctions of any kind, including but not limited to human errors. Entries by automatic, programmed or like methods will be disqualified. Improper, incomplete, mutilated and illegible Entries will be disqualified. Prizes will be awarded only to an address within the Participating States. This Promotion is subject to all applicable federal, state and local laws and regulations. By participating, entrants agree to be bound by these Official Rules and the decisions of the Promotion Administrator, which shall be final in all matters relating to the Promotion. If, in Promotion Administrator’s sole opinion, the Promotion is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Promotion Administrator reserves the right to modify or terminate the Promotion in a manner deemed reasonable by the Promotion Administrator, at the Promotion Administrator’s sole discretion. In the event of cancellation of the Promotion, Promotion Administrator will randomly award the prizes from among all eligible, non-suspect Entries received prior to cancellation. Promotion Administrator reserves the right to disqualify any individual who tampers with the entry process or the Website or acts in a disruptive or unfair manner. In the event of a dispute regarding the identity of the person submitting an entry, entries will be declared made by the person in whose name the entry was submitted.
10. CHOICE OF LAW AND JURISDICTION: This Promotion is offered only in the Participating States and is governed by the laws of the State of Kansas. By entering, entrants irrevocably consent to the sole and exclusive jurisdiction of the courts of the State of Kansas located in the county of Johnson for any action, suit or proceeding arising out of or relating to this Promotion.
12. RELEASES: As a condition of entering, entrants agree (and agree to confirm in writing): (a) to release, discharge and hold harmless Promotion Parties and their respective affiliates, subsidiaries, retailers, sales representatives, distributors, dealers, advertising and promotion agencies and the officers, directors, employees and agents of each of the foregoing, from and against any and all liability, loss, injuries or damages associated with participation in this Promotion or incurred with respect to the awarding, receipt, possession, and/or use or misuse of any prize, or the use of any photo, video or other Entry (b) that under no circumstances will an entrant be permitted to obtain awards for, and the entrant hereby waives all rights to claim (to the extent allowed by applicable law), punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Promotion, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. Except where prohibited, by accepting prize, winner grants permission for Sponsor and its agents to use his/her name, video/photographs, voice and/or likeness, for advertising and/or publicity purposes in any and all media now known or hereinafter invented without territorial or time limitations and without additional compensation.
13. SEVERABILITY & CONFLICTS: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.
14. WINNERS' LIST: To receive a copy of the Winners’ List for this Promotion (available after December 1, 2016), mail a self-addressed, stamped #10 envelope to be received by January 1, 2016 to: Winners' List, How To Hairdo Stylist Photo Contest, c/o HairUWear Inc., 14865 W. 105th St., Lenexa, Kansas 66215.
15. SPONSOR AND PROMOTION ADMINISTRATOR: The Promotion is sponsored, administered, and judged solely by HairUWear Inc., Lenexa, Kansas 66215
All trademarks used herein are the property of their respective owners.